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Any experience with MVA flag?

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    Any experience with MVA flag?

    My ex-husband has left me in a state of MVA purgatory. After our divorce he did not change ownership of several automobiles and trailers that he took as part of our divorce agreement. 2 trucks , a car, and 2 boat trailers that he has still have my name as either primary or secondary owner. NONE of the vehicles are drivable and one has been sold for scrap. I have record of me trying and pleading with him over the last 3 and a half years to change title ownership but he will no cooperate. It's just the way he does stuff...by not doing stuff.
    Anyway he had an insurance lapse.... after he had a nearly fatal motorcycle accident and was in the trauma center his insurance lapsed. There was a 2 month span where he didn't pay his car insurance so the MVA put a flag on all registered vehicles with his name on them. Some of the titles had my name on them as well so the flag extended to me . As a result I have not been able to re-register my cars since April 2013 (it is 9/10/14 today). I have been pulled over by police 7 times, had one car impounded, been arrested by mistake when a judge signed a bench warrant for a failure to appear after I got another 'Driving on unregistered tags' ticket when I was involved in an accident (not my fault) last year. I never got notice of the violation because I had moved 3x in the 6 month interim and summonses do not get forwarded.
    The MVA is less than sympathetic. They want their $6,800+ in fines and will not let me register my vehicles or even change my name and address until it's paid.
    So fast forward to me filing BK on 8/20...I am getting mixed opinions from my lawyers and the MVA and online research. Some say the fine may be discharged (the MVA was listed as a creditor in my bk schedule). Some say not, but that the flag MAY be lifted for a period of time allowing me to re-register and get everything legal before making re-payment arrangements with the MVA.

    Does anyone have any actual experience with what happens to MVA fines and flags during BK??

    #2
    I do not practice in your state, but your Judgment of Divorce should have language in it that would allow you to transfer the titles of the vehicles from your name even if he does nothing. You could also consider going back to family court and requesting damages. I suggest you talk to your divorce attorney.
    Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

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      #3
      It sounds like trying to recover the damages from her ex will be harder than getting blood from a turnip. I do not see how that is a helpful avenue to pursue.

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        #4
        Agreed. Especially hard since he left the country and I have no idea how to find him. He occasionally contacts me and I respond but then *Poof*. Plus i'm already broke and if I could afford another lawsuit then I'd be on a position to pay the fine.
        I am stuck with this flag and unregistered vehicles. As soon as the bk is discharged i am going to sell them to my husband to register. I had to do that with my 25 year old Honda ( the car that got impounded ...police wouldn't release it without proper registration ) right before filing BUT I disclosed the info to my lawyer and the transfer is noted in my bk paperwork. She said it should not be an issue because of the age and value of the car.

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